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U.S. BANK NATIONAL ASSOCIATION TR U/A DTD 12/01/98 v. STEWART TITLE INSURANCE COMPANY

37 A.D.3d 822 (2007)

832 N.Y.S.2d 223

U.S. BANK NATIONAL ASSOCIATION TR U/A DTD 12/01/98, Respondent, v. STEWART TITLE INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 27, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

On November 5, 1998 nonparty Mary F. Jones borrowed the sum of $98,000 from nonparty EquiCredit Corporation of New York (hereinafter EquiCredit). As security for the loan, EquiCredit was given a mortgage on Jones's property located at 120 Hudson Avenue in Roosevelt, New York (hereinafter the property). On the same day, the defendant issued a title insurance policy to EquiCredit and its successors...

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